asked the Minister for Agriculture if he will consider having beef cattle incentive scheme grants paid to applicants who have not yet taken out administration of their holdings.
Ceisteanna—Questions. Oral Answers. - Cattle Incentive Scheme.
6.
I presume that the Deputy is referring to cases where payment is requested by representatives of deceased participants in the scheme. I have been advised that in such cases payment of grants due in excess of £100 can be made only on receipt of formal proof of entitlement such as letters of administration. In cases where the amount involved does not exceed £100 the normal practice is to make payment subject to the completion of a form of indemnity.
I have one particular case where two women were running a holding jointly. When one of the women, the applicant in former years, died the second woman did not qualify when she applied for a grant. Also, the wife of a deceased man does not qualify for the grant unless she takes out administration and, in some cases, it costs £500 or £600 to take out administration. It is very unfair of the Department to deny those people the grants because they have not the money to take out administration.
I am told we are doing all we are permitted to do in law. We can go as far as £100 on the signing of a form of indemnity but we cannot go beyond that without additional proof such as letters of administration.
If three people were involved in an estate and one applied for payment and the other two signed that they were not interested in the payment, would the Minister not agree that the first person should be paid? I agree with the Deputy who asked the question that it is very unfair, because £100 is a very small grant. It is costly to take out administration. If two of the people signed that they had no interest in the grant it should be paid to Mr. X. Would the Minister agree that should be done?
I have a further note which says it has been found from time to time that disputes arise where different members of a family claim entitlement to grants due to the estate of a deceased applicant under the scheme. Accordingly it is necessary to adhere rigidly to the advice of the law officers in the matter. If the Deputy has a particular case in mind which he wants investigated I will investigate it for him.
In the event of a dispute going on in a family for a considerable time as to who has the right to extract letters of administration, or probate, what is the position in regard to the Department imposing a time limit on the entitlement to the grant? Is there any regulation of this nature? Would payment be stopped because of the length of time involved?
As far as I know, entitlement does not run out because there is a legal delay.